Supreme Court of Pennsylvania, 2009

Holt's Cigar Co. v. City of Philadelphia

Holt's Cigar Co. v. City of Philadelphia
Supreme Court of Pennsylvania · Decided July 9, 2009 · Per Curiam
975 A.2d 1081; 601 Pa. 572; 2009 Pa. LEXIS 1281 (Atlantic Reporter, Second Series)

Holt's Cigar Co. v. City of Philadelphia

Opinion

ORDER

PER CURIAM.

AND NOW, this 9th day of July, 2009, the Petitions for Allowance of Appeal are GRANTED. The issue, rephrased for clarity, is:

*1082 Does the General Assembly’s inclusion of a scienter requirement in the crimes established by 35 P.S. § 780—113(a)(33) preempt Philadelphia Code §§ 9-622(5)(a) and 9-629(2), which impose civil penalties for the sale of enumerated products without requiring a showing of the seller’s intent?

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